tR-4 A z 



FISHERIES LAWS 



OF 



RHODE ISLAND 
1922 



COMPILED BY THE 

COMMISSIONERS OF INLAND 
FISHERIES 



PROVIDENCE 

E. L. Freeman Company, Printers 

1922 



FISHERIES LAWS 



OF 



RHODE ISLAND 
1922 



COMPILED BY THE 

COMMISSIONERS OF INLAND 
FISHERIES 



PROVIDENCE 

E. L. Freeman Company, Printers 

1922 



?4-A 3 ' 




I COMMISSIONERS OF INLAND FISHERIES 

OP 

RHODE ISLAND. 

o 

Term of office expires 1924. 

: Theophile Guerin, President Woonsocket- 

Appointed 1912. 

John L. Curran, Vice-President Providence. 

Appointed 1917. 

John C. Cosseboom, Secretary ...... .Woonsocket. 

Appointed 1918. 

J. Alton Barker, Treasurer Newport. 

Appointed 1918. 

George A. Dolan. .-....' Westerly. 

Appointed 1920. 

Irving P. Hudson * Phenix. 

Appointed 1921. 

Daniel S. Latham, M. D Auburn. 

Appointed 1922. 



Superintendent. 

Earnest W. Barnes Auburn. 



Deputy Commissioners under Lobster Law. 

William T. Luth, Chief Deputy Newport- 

James Harrington Newport. 

Andrew V. Willis Block Island. 

Curtis H. Sprague Block Island. 



Office, Room 304, State House. 
Open daily, 9 A. M. to 4 P. M. Saturday, 9 to 12. 



INDEX. 

Page. Sec. 

Beam or auto trawls .' 17 46 

Black bass 23 11 

Bringing action for violation within thirty days. . 15 36 
Close time — 

Bass 23 11 

Lobsters 31 8 

Pickerel 23 11 

Trout 14 34 

Commissioners of Inland Fisheries — 

Appointment 19 1 

Disbursements allowed 24 15 

Maintaining a fresh-water hatchery 25 17 

Penalties for violating regulations of 21 5 

, " " " " 16 43 

Powers and duties 16 42 

20, 21 3,4 

: 22 7 

24 13, 14 

32 11, 12 

38 8 

Propagating shell-fish 20 3 

Secretary 20 2 

Deputies — 

Powers and Duties 25 16 

Lobster deputies 32 11, 12 

Trout deputies 14 34 

Fresh-water Fishing License 34, 38 

Ice fishing 13 33 

" .-. 23 9 

Lobster laws — 

Buoying and marking lobster pots 30 • 6 

Close season 31 8 

Deputies. 32 11, 12 

Egg lobsters 29 5 

33, 34 1, 2 

License law 27-29 1-4 

Marking lobster gear 30 7 

Mutilating uncooked lobsters 31 10 

Short lobsters 29 5 

Unauthorized interfering with gear 31 9 



INDEX. 5 

Local restrictions on fishing — Page. Sec. 

Allen's Harbor 10 25 

Penalty for using trap or seine, $5-$20. 

Babcock's Pond (Brightman's Pond) 11 27 

" 12 29, 31 

Penalty for using a standing seine or setting a 
seine of over 100 fathoms, $20-$50. 

Barrington River 7 1 

Penalty for seining, $20. 

Charlestown Pond 11 27 

" .12 29, 31 

Penalty for using a standing seine (excepting 
in upper part of pond) or setting a seine of 
over 100 fathoms, $20-$50. 

Devils Breach way (Charlestown) 17 45 

Penalty for using trap or seine within one 
mile of entrance, $50. 

Easton's Pond (Newport) 7 2 

Penalty for using trap or seine, $20. 

Kickemuit River 7 3 

Penalty for seining within half mile of Narrows 
$15. 

Mill Cove, Warwick 15 38 

On Saturday and Sunday no fishing allowed 
except with hook and line. Penalty, $20. 

On other days of week alewives or buckies 
may be caught by a bowed net not over 8 
feet around the mouth. 

No seines or traps allowed in Mill Cove, War- 
wick. Penalty, $20. 

New Shoreham 8, 9 18-20 

Nomquit Pond. 8 4-5 

" 9 21 

Penalty for obstructing passage of fish or 
setting nets from January 1 to August 1, 
$10. 

Palmer River 8 6 

Penalty for obstructing course of fish for each 
24 hours, $10. 

Pawcatuck River 17-19 1-6 

Petaquamscut River 9,10 22-24 

Penalty for erecting weir or seining within 
160 rods of mouth, October to January, or 
at any time of year within the river except 
for catching smelt or bass with certain re- 
strictions. $20 and forfeiture. 



b INDEX. 

Local restrictions on fishing — Concluded. Page. Sec. 

Potowomut River 10 25 

Penalty for seining, $5-$20. 
Point Judith Pond. 11-12 27-31 

" " " Breachway 11 26 

(1) No weirs, seines or traps allowed within 
}/2 mile of breachway; within x /i mile of 
Alder Point, Princes Narrows, Strawberry 
Hill, High Point, Gooseberry Hole; south of 
line from Strawberry Hill to High Point 
between 1st Monday in April and 2d Mon- 
day in June, $20-$50 and forfeiture. 

(2) No seine over 100 fathoms. 

(3) No standing seine over 25 feet. 

(4) No seine within 40 rods of another. 
Quonochontaug Pond . 11 27 

Penalty for using a standing seine or setting a 
seine of over 100 fathoms, $20-$50. 

Ward's Pond 15 37 

Non-residents 12 32 

Penalties, Table of 39 

Pickerel 23 11 

Single lines 13 33 

Taking fish from stocked waters 13 33 

" 22 6 

•• « " " " 23 8-10 

Territorial limits of the State 7 1 

Trout 14 34 



GENERAL LAWS. 



CHAPTER 1. 

Of the Jurisdiction of the State. 

Section 1. The territorial limits of this state 
extend one marine league from its seashore at 
high- water mark. When an inlet or arm of the 
sea does not exceed two marine leagues in width 
between its headlands, a straight line from one 
headland to the other is equivalent to the shore 
line. 

The boundary of counties bordering on the sea 
extends to the line of the state as above denned. 



CHAPTER 207. 
Of Certain Fisheries. 

Section 1. (As amended, Chap. 1388, P. L. 
1916.) Every person who shall set or draw any 
seine in any part of the river running from Warren 
river through the town of Barrington, except 
that part lying north of the Congregational church 
building in^ the said town of Barrington, shall be 
fined twenty dollars. 

Sec. 2. Every person who shall set or draw 
any seine or net in Easton's Pond in Newport 
and Middletown for the purpose of catching fish, 



8 FISHERIES LAWS. 

or shall set any such net or seine in the creeks or 
inlets of said pond above the bridge at Easton's 
beach, shall be fined twenty dollars or be imprisoned 
ten days. 

Sec. 3. (As amended, Chap. 1388, P. L. 1916.) 
Every person who shall set or draw any seine or 
net in Kickamuit River within half a mile from the 
place called the Narrows, shall be fined fifteen 
dollars. 

Sec. 4. (As amended, Chap. 1388, P. L. 1916.) 
Every person who shall erect or make any weir, 
pot or other contrivance to obstruct the course of 
fish across Puncatest, alias Nomquit Pond, or any 
part thereof or in any river or stream leading into 
or out of said pond at any time, shall be fined ten 
dollars. 

Sec. 5. (As amended, Chap. 1388, P. L. 1916.) 
Every person who shall set any hanging or mesh 
net in Puncatest, alias Nomquit Pond, or in any 
river leading into or out of said pond, between the 
first day of January and the first day of August, 
shall be fined ten dollars. 

Sec. 6. (As amended, Chap. 1388, P. L. 1916.) 
No person, either as principal or agent, shall erect 
or continue in Palmer's River above Kelley 's bridge, 
any weir, net, hanging net, dam or any obstruction 
to prevent the free passage of fish up said river; 
and every person violating any of the provisions of 
this section shall be fined ten dollars for every 
twenty-four hours any such weir, net, hanging net, 
dam, or other obstruction shall be continued. 

Sec. 18. No person shall take any fish, with 
any kind of gill or mesh net, or set any gill or mesh 
net, for the purpose of taking any fish therewith, 



FISHERIES LAWS. 9 

within one mile from the shore of Block Island, be- 
tween the first day of June and the first day of No- 
vember, in each year, without first obtaining per- 
mission of the town council of New Shoreham; 
and every person violating any provision of this 
section shall be fined twenty dollars for each offence, 
one-half to the use of the complainant and the other 
half to the use of the town of New Shoreham. 

Sec. 19. Any person who shall take any fish 
with any kind of seine, net or trap, or set or draw 
any seine, net or trap for the purpose of taking any 
fish therewith, in any of the freshwater ponds in 
the town of New Shoreham, except in private ponds 
owned by one person, shall be fined not exceeding 
twenty dollars, or.be imprisoned not exceeding ten 
days, or be both fined and imprisoned in the dis- 
cretion of the court. 

Sec. 20. The electors of the town of New 
Shoreham may, in town meeting called for that 
purpose, enact such ordinances as they may think 
proper, to protect and to regulate the taking of 
shell-fish and other fish in Great Salt Pond, and may 
impose penalties therefor not exceeding twenty 
dollars fine and three months imprisonment for 
any one offence. 

Sec. 21. The electors of the town of Tiverton 
may, in town meeting called for that purpose, make 
such regulations for the preservation of the fish, 
and may exercise such control over the fisheries 
of Nomquit Pond, within the limits of said town, 
as they may think proper. 

Sec. 22. No person shall, between the first 
Monday in October and the first Monday in Jan- 
uary, erect any weir or draw any seine or net for the 



10 FISHERIES LAWS. 

purpose of catching or obstructing the passage of 
fish at or within one hundred and sixty rods of the 
mouth of Petaquamscut River in South Kingstown, 
nor shall any person erect or put down any weir, 
standing seine or trap-seine, or hoop-net of any 
kind, either within or across said river at any other 
season of the year. 

Sec. 23. Nothing in the preceding section shall 
be so construed as to prohibit any person from using 
nets or fishing crafts for the catching of smelts, 
such as are commonly used in the smelt fishery, 
between the first day of February and the first day 
of April, or to prohibit the setting of gill nets for' 
bass in said river or pond: Provided, that such 
nets shall not exceed twenty fathoms in length, nor 
be set within twenty fathoms of each other, nor 
south of the dividing line between lands now or 
formerly of William G. Watson and George W. 
Crandall, nor within twenty rods of the narrows 
that connect the upper and lower ponds; nor shall 
any person maintain any such standing seine or net 
in the same place for more than twenty-four hours, 
if any other person demands the same place for the 
purpose of setting a like net or drawing a seine 
therein. 

Sec. 24. Every person who shall violate any 
of the provisions of the preceding two sections 
shall be fined not less than twenty dollars nor more 
than fifty dollars for each offence, and shall forfeit 
the net, seine, boat and other apparatus by him 
used in such violation. 

Sec. 25. Every person who shall set any trap 
or net or draw any seine at any time west of a line 
drawn from Calf-pasture Point, on the north side 



FISHERIES LAWS. 11 

of Allen's Harbor, to Rocky Point, on the south 
side thereof, or west of a line drawn from Pojack 
Point, on the south side of Potowomut River, to 
Marsh Point, on the north side thereof, shall be 
fined not less than five dollars nor more than twenty 
dollars, one-half thereof to the use of the complainant 
and one-half thereof to the use of the state. 

Sec. 26. (As amended, Chap. 792, P. L. 1912.) 
No person shall erect, or put down any weir, stand- 
ing seine, pound, or trap seine of any kind, or set, 
or draw any seine, or net for the obstructing the 
passage of, or catching, or hauling of fish, at or 
within one-half mile in any direction of the mouth 
of the breachway connecting Point Judith Ponds 
with the sea, or within said breachway channel, or 
within any channel leading to said ponds, or con- 
necting said ponds with each other. 

Sec. 27. (As amended, Chap. 1347, P. L. 1916.) 
No weir shall be erected, nor any standing seine or 
net set in any part of Charlestown Pond, Quono- 
chontaug Pond or Babcock's Pond, otherwise known 
. as Brightman's Pond, nor across the channel, or in 
Point Judith Ponds within a quarter of a mile 
from the following places, namely: Alder Point, 
Beachway or outlet of Point Judith Pond, near 
where Saugatuckett River flows into the said ponds; 
Princes Narrows, which connects the upper with 
the lower ponds; Strawberry Hill on Great Island; 
High Point, so-called, on land of the heirs of Joseph 
Sherman^^and Gooseberry Hole: Provided, how- 
ever, that nothing herein contained shall be so con- 
strued as to prohibit the setting of gill nets in any 
of the waters of Quonochontaug Pond, or Charles- 
town Pond except that portion of Charlestown Pond 



12 FISHERIES LAWS. 

south of a line drawn from the north end of Ward's 
Island to the north end of Marshnaug Island. 

Sec. 28. No person shall, between sunset on 
the first Monday in April and sunrise on the second 
Monday in June, erect any weir or net or draw any 
seine or net for the purpose of catching or obstruct- 
ing the passage of fish, in any part of Point Judith 
Pond, south of a line drawn from the most northerly 
point of Strawberry Hill on Great Island to the most 
northerly point of High Point in said pond. 

Sec. 29. No seine' or net of any sort shall be 
used at any time within said ponds, or any branch 
thereof, of over one hundred fathoms in length, nor 
any standing seine or net of over twenty-five fathoms 
in length. 

Sec. 30. No person shall set any standing seine 
or net, at any time, within forty rods of any place 
within said ponds or any branch thereof where 
another person may have already set his standing 
seine or net, nor shall any person maintain any 
such standing seine or net in the same place for 
more than forty-eight hours, if any other person de- 
sires to occupy the place. 

Sec. 31. Every person violating any provis- 
ions of the preceding six sections shall be fined 
not less than twenty dollars nor more than fifty 
dollars and shall also forfeit the boat, seine, net, 
and other apparatus by him used in such violation, 
one-half of said fine and forfeiture to the use of the 
person complaining and one-half thereof to the use 
of the state. 

Sec. 32. Every person living without the state, 
who shall take any lobsters, tautog, bass or other 
fish, within the harbors, rivers, or waters of this 



FISHERIES LAWS. 13 

state, for the purpose of carrying them thence in 
vessels or smacks, shall be fined ten dollars for 
every offence and shall forfeit all the fish or lobsters 
so taken. 

Sec. 33. (As amended, Chap. 1914, P. L. 1920.) 
No person shall place, operate or superintend 
any device intended for the purpose of taking 
or catching fish in any pond or stream stocked 
with fish at the expense of the state, within three 
years after such stream or pond has been stocked 
and a copy of the regulations of the commissioners 
of inland fisheries, for the protection thereof, 
has been filed in the office of the town clerk in 
which such stream or pond is situated and adver- 
tised as provided in Section four of Chapter two 
hundred ten, or, at any time, in any private pond, 
brook, stream, preserve, or any other place made, 
constructed, or used for the purpose of breeding or 
growing fish therein, without the consent of the 
proprietor or lessee thereof so to do. No person 
shall place, operate, or superintend any device in- 
tended for the purpose of taking or catching fish, 
excepting single lines, with not more than two 
hooks upon each, held in and operated by hand or 
upon poles or rods designed to be held in the hands, 
in any stream or fresh- water pond within this state, 
except such streams and ponds as are wholly upon 
his own land: Provided, that for the purpose of 
fishing through ice upon the surface of any stream 
or fresh^water pond, other than private streams 
and ponds, and streams and ponds stocked by the 
state, within three years after the same are stocked 
and notice given as aforesaid, any person may place, 
operate, or superintend ten lines with a single hook 



14 FISHERIES LAWS. 

upon each and held by any device designed for such 
purpose. Nothing in this section contained shall 
be so construed as to prohibit the taking of suckers 
or chubs, by snares or spears. Every person vio- 
lating any of the provisions of this section shall for 
each offence be fined not exceeding twenty dollars, 
or be imprisoned not exceeding thirty days, or be 
both fined and imprisoned. 

Sec. 34. (As amended, Chap. 4-23, P. L. 1909.) 
Every person who shall take any trout between the 
fifteenth day of July and the first day of April shall 
be fined twenty dollars for each offence, and every 
person who shall take, or have in his or her posses- 
sion, any trout less than six inches in length at any 
time of the year shall be fined twenty dollars for each 
trout found in his or her possession, one-half thereof 
to the use of the complainant and one-half thereof to 
the use of the state; but nothing herein contained 
shall be so construed as to prohibit the taking and 
sale of trout, artificially cultivated in private ponds, 
at any season of the year : Provided, that all persons 
raising brook-trout artifically in private ponds shall 
use the initials of their names as a brand, which 
brand shall be put on every box of trout shipped 
or put on the market by them between the fifteenth 
day of July and the first day of April in each year. 
All persons raising and disposing of trout as afore- 
said shall cause their brand, required herein, to be 
registered by the secretary of state. 

For the purpose of enforcing the provisions 
of this section, the commissioners of inland fisheries 
shall appoint at least two deputies, to serve without 
pay, each of whom, by virtue of his office, shall be 
a special constable and as such deputy may arrest 



FISHERIES LAWS. 15 

without warrant any person found violating any 
of the provisions of this section and detain such 
person for prosecution not exceeding twenty-four 
hours. Said commissioners and such deputies may 
search in suspected places and may seize and re- 
move trout taken, held, or in the possession of any 
person or persons in violation of the provisions of 
this section, and the possession of any trout less 
than six inches long shall be prima facie evidence 
to convict. Such commissioners or said deputies 
shall not be required to enter into recognizance or 
give surety for costs in any proceedings under this 
section. 

Sec. 36. All actions for violations of the pro- 
visions of Sections thirty-three to thirty-five, in- 
clusive, shall be commenced within thirty days 
after the commission of the offence. 

Sec. 37. Every person who shall, by any seine 
or stop-net or otherwise, obstruct the channel 
leading from the sea into Ward's pond, and up 
through said pond on each side of Watermelon, 
Gooseberry or Larkin 's islands, shall be fined not less 
than five dollars nor more than twenty dollars. 

Sec. 38. (As amended, Chap. 2100, P. L. 1921.) 
Between the first day of March and the first day of 
November in each year, no person, either as princi- 
pal or agent, shall set or draw any seine or net, or 
shall erect or maintain any weir, dam, net, hanging 
net, or any obstruction to prevent the free passage 
of fish in Mill Cove in the town of Warwick, or in 
the stream flowing from Warwick Pond, so-called, 
into said cove, or in any stream flowing into said 
pond; and every person violating any of the pro- 
visions of this section shall be fined twenty dollars 
for each offence, one-half thereof to the use of the 



16 FISHERIES LAWS. 

complainant and one-half thereof to the use of the 
state: Provided, however, that between the first day of 
March and the first day of June in each year for the 
purpose of catching or taking alewives or buckies 
only, any person may use in said cove or said 
streams a bowed net not larger than eight feet 
around the mouth thereof, held in and operated by 
hand, or upon a pole or rod held in the hands, on 
days other than Saturday and Sunday. 

Sec. 42. The commissioners of inland fisheries 
shall have a general supervision of all matters re- 
lating to the subjects contained in this chapter, 
and may make all needful regulations to carry out 
the provisions of said chapter, and shall from time 
to time examine all the weirs, traps or other con- 
trivances, with a view of carrying out such regula- 
tions as are most beneficial to the people of the state 
and shall prosecute for the violation of such regu- 
lations or for the infringement of the provisions of 
said chapter. They may cooperate with the fish 
commissioners of other states, and shall make an 
annual report to the general assembly of their 
doings, with such facts and suggestions in rela- 
tion to the object for which they are appointed as 
they may deem proper. Said commissioners shall 
be allowed their actual disbursements made in the 
performance of their duties under this chapter. 

Sec. 43. (Cf. Chap. 1388, P. L. 1916.) Every 
person who shall violate any of the regulations 
made by said commissioners under the authority 
of the provisions of the preceding section of this 
chapter, shall be fined not exceeding one hundred 
dollars or be imprisoned not exceeding three months, 



FISHERIES LAWS. 17 

or both, in the discretion of the court before which 
the offender shall be tried. 

Sec. 45. No person shall set any standing seine, 
trap net, or any kind of gill or mesh net, for the pur- 
pose of taking any fish therewith, within one mile 
from the entrance to Devil's Breachway, so-called, 
in the town of Charlestown; and every person 
violating any provision of this section shall be fined 
not exceeding fifty dollars for each offence, one- 
half to the use of the complainant and the other 
half to the use of the state, or be imprisoned not 
exceeding ten days, or both, in the discretion of the 
court. 

Sec. 46. {Chap. 12U, P- L. 1915.) No per- 
son, except he be a citizen of this state, shall take any 
fish with any kind of beam or auto trawl or set any 
beam or auto trawl for the purpose of taking any fish 
therewith, from the public waters of this state, and no 
person shall take any fish by such means from the 
state waters adjacent to New Shoreham, and every 
person violating any provision of this section shall 
be fined fifty dollars for each offence, one-half to use 
of the complainant and the other half to use of the 
state, or be imprisoned not exceeding twenty days, 
or both, in the discretion of the court. 



CHAPTER 208. 

J)f the Fishery in Pawcatuck River. 

Section 1. No weir or pound or other ob- 
structions shall be erected or continued in the 
channel of Pawcatuck river, dividing the states 
of Rhode Island and Connecticut so as to interfere 



18 FISHERIES LAWS. 

with the main channel of said river, upon penalty 
of twenty dollars for the first offence, and seven 
dollars for every twenty hours or any less space of 
time any such weir or other obstruction shall be 
continued in the main channel of said river after 
the first offence. 

Sec. 2. No weir or pound shall be erected or 
continued upon any flat or other part of the bottom 
of said river, eastward or westward of the aforesaid 
channel of said river, between the first day of June 
and the twentieth day of March, annually, upon 
penalty of fourteen dollars for the first offence and 
seven dollars for every succeeding day such weir 
or pound shall be continued in said river, from the 
first day of June to the twentieth day of March, 
annually. 

Sec. 3. No person shall fish with mesh or scoop 
nets in Pawcatuck river or any of its branches 
after sunset on Friday until sunrise on Monday 
in each week, from the twentieth day of March 
to the first day of June, annually, and no person 
shall use more than one net at a time, upon penalty 
of five dollars for every offence. 

Sec. 4. All penalties incurred for violation 
of any of the provisions of this chapter, shall enure 
one-half thereof to the use of the complainant and 
one-half thereof to the use of the town where the 
offence is committed. 

Sec. 5. The foregoing provisions of this chap- 
ter shall be considered as forming a compact with 
the State of Connecticut, from which the general 
assembly will not depart until the legislature 
of the State of Connecticut shall agree with the 



FISHERIES LAWS. 19 

general assembly of this state to a repeal thereof, 
alterations therein or additions thereto. 

Sec. 6. If any owner of land adjoining Paw- 
catuck river in this state shall permit any weir, 
pound or other obstruction to be erected or con- 
tinued upon any flat or bottom of said river, whether 
done, erected or continued by himself, servant, 
lessee or any other person, by his privity or consent, 
such owner shall be liable for any such breach or 
violation of Section two of this chapter, in the same 
manner as though the same had been committed by 
such owner in person. 



CHAPTER 210. 

Of the Inland Fisheries. 

Section 1. There shall be a board of com- 
missioners of inland fisheries consisting of seven 
persons. At the January session of the general 
assembly in the year A. D. nineteen hundred nine, 
and in each third year thereafter, the governor, 
with the advice and consent of the senate, shall 
appoint seven persons to be members of said board 
to succeed the members whose terms will next 
expire ; and the persons so appointed shall hold their 
offices until the first day of February in the third 
year after their appointment. Any vacancy which 
may occur in said board when the senate is not in 
session shall be filled by the governor until the 
next session thereof, when he shall, with the advice 
and consent of the senate, appoint some person to 
fill such vacancy for the remainder of the term. 



20 FISHERIES LAWS. 

Sec. 2. The commissioners of inland fisheries 
are hereby authorized to appoint a secretary, who 
may be one of their own members, at an annual 
salary of seven hundred and fifty dollars. 

Sec. 3. The commissioners of inland fisheries 
shall introduce, protect, and cultivate fish in the 
inland waters of the state, and may make all need- 
ful regulations for the protection of such fish, and 
shall prosecute for the violation of such regulations 
and of the laws of the state concerning inland fish- 
eries. They may in their discretion from time to 
time make experiments in planting, cultivating, 
propagating, and developing any and all kinds of 
shell-fish; and for the purpose of so doing may from 
time to time take, hold and occupy, to the exclusion 
of all others, in one or more parcels, any portions of 
the shores of the public waters of the state or land 
within the state covered by tide-water at either 
high or low tide, not within any harbor-line and 
which is not at the time of such taking under lease 
as a private and several oyster-fishery: Provided, 
that the land so held and occupied at any one time 
shall not exceed three acres. Said commissioners 
upon taking such land shall forthwith give public 
notice thereof by advertisement in some newspaper 
in the county in which said land is situated, which 
advertisement shall contain a description of said 
land; they shall also forthwith notify the com- 
missioners of shell fisheries of such taking and shall 
transmit to them a description of said land, and 
shall also stake out or otherwise mark the bounds of 
said land. Said commissioners may make all 
needful regulations for the protection of the land 
so taken and of all animal life and other prop- 



FISHERIES LAWS. 21 

erty within lines thereof and shall prosecute the 
violations thereof. They may cooperate with the 
fish commissioners of other states, and they shall 
make an annual report to the general assembly 
of their doings, with such facts and suggestions in 
relation to the object for which they were appointed 
as they may deem proper. Said commissioners, 
whenever complaint is made by them or either of 
them for a violation of any regulation made by 
them as aforesaid, or for violation of any of the pro- 
visions of this chapter or of Chapters two hundred 
seven, two hundred eight and two hundred nine, 
shall not be required to enter into recognizance on 
such complaint or become liable for costs thereon. 

Sec. 4. The said commissioners shall cause a 
copy of any regulation made under the authority 
of the preceding section to be filed in the office of 
the town clerk of any town in which any waters 
stocked with fish, or land occupied for experiments 
under the authority of the preceding section and 
to which such regulations may apply, may, be and 
shall also cause a copy of such regulations to be 
advertised in some newspaper published in the same 
county. 

Sec. 5. Every person who shall violate any of 
the regulations made by the commissioners of inland 
fisheries under the authority of the provisons of 
Sections one, three, and four, or who shall take any 
fish, fish-spawn, or any apparatus used in hatching 
or protecting fish, from any pond, lake, river, or 
stream stocked with or set apart by said commis- 
sioners, or by private parties for the protection and 
cultivation of fish with the consent of the town coun- 
cil of the town where such cultivation is carried on, 



22 FISHERIES LAWS. 

without the consent of such commissioners or, if the 
cultivation of fish be carried on by a private party, 
without the consent of the person cultivating the 
same, or who shall trespass within the boundaries 
of any land which may be taken and occupied by 
said commissioners for their experiments in relation 
to shell-fish, authorized by Section three of this 
chapter, shall be fined not exceeding three hundred 
dollars, or be imprisoned not exceeding six months, 
or be both fined and imprisoned, in the discretion 
of the court before which the offender shall be tried. 
Sec. 6. Every person who shall catch any fish 
or shall use any seine for catching fish within half 
a mile from the mouth or outlet of any fishery set 
apart as is herein provided, and within any waters 
into which the waters of such fishery are let out, 
and every person who shall violate any of the pro- 
visions of Sections eight, nine, and ten of this chapter 
shall forfeit for the first offence the sum of fifty 
dollars, and for every subsequent offence shall for- 
feit one hundred dollars, and, in addition to the pen- 
alties herein provided, shall forfeit all the apparatus 
by him used in violation of the provisions of this 
section. 

Sec. 7. (As amended, Chap. 1367, P. L. 1916.) 
Each of the commissioners of inland fisheries may 
personally or by deputy seize, and remove sum- 
marily if need be, all obstructions erected to hinder 
the passage of fish, or which are illegally erected to 
obstruct or in any way to impede the growth and 
culture of fish; and every person who shall rebuild 
or continue such obstruction after the same has 
been removed and notification thereof given by 



FISHERIES LAWS. 23 

any of said commissioners or their deputies, shall be 
fined fifty dollars for each offence. 

Sec. 8 No person shall take or catch fish of 
any kind from any of the inland waters of the state, 
set apart by the commissioners of inland fisheries 
for the cultivation of fish, except at such times 
and in such manner as is hereinafter provided. 

Sec. 9. The prohibition of the catching of fish 
by hook and line, from fisheries stocked as here- 
inbefore provided, shall extend and be continued 
for and during the term of three years from and 
after the time when such fishery was first estab- 
lished: Provided, however, that fish may be caught 
through the ice only, and with hook and hand-line 
only, in those ponds set apart for the cultivation of 
black bass, during the month of December, until 
the expiration of the aforesaid term of three years. 

Sec. 10. After the expiration of said three 
years no fish shall be taken by any person from any 
waters legally set apart by said commissioners for 
the cultivation of shad or salmon or within one mile 
of the outlet of the streams so set apart, except 
from and after the fifteenth day of April until the 
fifteenth day of July, or at any time except by hook 
and hand-line or by not less than three-inch mesh 
nets or seines. 

Sec. 11. (As amended, Chap. 2084 P. L. 1921.) 
Between the 20th day of February and the 20th 
day of June next succeeding no person shall take 
from any- of the waters in the jurisdiction of this 
state or have in his possession within this state any 
black bass or pickerel. No person shall take or 
have in his possession within this state at any time 
of the year any black bass or pickerel less than ten 



24 FISHERIES LAWS. 

inches in length nor shall any person catch or take 
from the waters of this state in any one day more 
than eight black bass or more than eighteen pickerel. 
Nothing in this section contained shall be con- 
strued as to prohibit taking and having possession 
of, at any time of the year, black bass artificially 
cultivated in private ponds. Every person viola- 
ting any of the provisions of this section shall be 
fined ten dollars for each and every black bass or 
pickerel taken or found in his possession contrary 
to the provisions of this section; but any person 
catching or taking any black bass or pickerel less 
than the prescribed length or more than the pre- 
scribed number from any of the waters of this 
state and immediately returning the same alive to 
the waters from which taken shall not be subject 
to such fine. 

Sec. 12. One-half of the fines and forfeitures 
recovered for violation of the provisions of this 
chapter shall accrue to the complainant and one- 
half thereof to the use of the state. 

Sec. 13. The commissioners of inland fisheries 
may take fish from the fisheries hereinbefore re- 
ferred to, for any purpose connected with fish cul- 
ture or for scientific observation. 

Sec. 14. Each of said commissioners may, in 
the discharge of his duties, enter upon and pass 
over private property without rendering himself 
liable in an action of trespass. 

Sec. 15. The commissioners of inland fisheries 
shall be allowed their actual disbursements made 
in carrying into effect the provisions of this chap- 
ter. 



FISHERIES LAWS. 25 

Sec. 16. (As amended, Chap. 1181, P. L. 1915.) 
For the enforcement of the fisheries laws under their 
jurisdiction the commissioners of inland fisheries 
shall appoint at least two deputies to serve without 
pay who shall be citizens of this state. Each of said 
commissioners and their deputies shall be by virtue 
of his office a special constable, and may arrest with- 
out warrant any person found violating any of the 
fishery laws under the jurisdiction of said commis- 
sioners, and may detain such person for prosecu- 
tion not exceeding twenty-four hours before arraign- 
ment. Said commissioners and their deputies 
may search in suspected places, and may seize and 
remove any fish or lobsters taken, or held, or in the 
possession of any person or persons in violation of 
the fishery and lobster laws, and the possession of 
any fish or lobsters less than the length required by 
law, or the possession of any egg bearing lobster or 
lobsters, or the possession of any fish or lobster or 
lobsters during the close season thereof, shall be 
prima facie evidence to convict. Said commis- 
sioners and their deputies shall not be required to 
enter into recognizance or give surety for costs. 

Sec. 17. {Chap. 2G60, P. L. 1921.) Said com- 
missioners shall establish and maintain a fresh 
water hatchery in this state for the purpose of 
providing trout, bass, and other fresh water fish 
to be used by said commission in the stocking of 
ponds and streams of the state: Provided, however, 
that said commissioners shall not stock any pond or 
stream unless the owner or owners of such portion 
or portions thereof as shall be stocked by said 
commissioners shall first agree not to post said pond 
or stream against fishing for a period of at least 



26 FISHERIES LAWS. 

three years from date of such stocking. All the 
output of said hatchery not so used shall be sold at 
a fair market price and for cash only, and money 
received therefor shall be turned into the general 
treasury for the use of the state. 

The general assembly shall annually appropriate 
such sum as it may deem sufficient for maintaining 
and operating such hatchery. 



FISHERIES LAWS. 27 



PUBLIC LAWS. 



CHAPTER 437. 

Public Laws, 1909. 

An Act in Substitution of Chapter 969 of 
the Public Laws, Passed at the January 
Session, A. D. 1902, Entitled "An Act in 
Substitution of Chapter 857 of the Pub- 
lic Laws, Passed at the January Session, 
A. D. 1901, Entitled 'An Act for the Bet- 
ter Protection of the Lobster Fisheries.'" 

Section 1. No person, either as principal, 
agent, or servant, shall at any time, catch or take 
any lobster from any of the waters in the jurisdic- 
tion of this state, or place, set, keep, maintain, 
supervise, lift, raise, or draw in or from any of said 
waters, or cause to be placed, set, kept, maintained, 
supervised, lifted, raised, or drawn in or from any 
of said waters, any pot or other contrivance de- 
signed or adapted for the catching or taking of 
lobsters, unless licensed so to do as hereinafter 
provided. Every person who shall violate any 
of the provisions of this section shall be fined twenty 
dollars or be imprisoned not more than thirty days, 
or both, for each such offence. 

Sec. 2. (As amended, Chap. 711, P. L. 1911.) 
The commissioners of inland fisheries may grant or 
refuse to grant licenses to catch and take lobsters 
from the waters within the jurisdiction of this 



28 FISHERIES LAWS. 

state (in the manner, at the .times, and subject 
to the regulations provided in this act) to 
such citizens of this state as have resided in this 
state for at least one year next preceding the grant- 
ing of such license as they may think proper. 
Whenever any such license shall be granted the same 
shall be granted to expire on the 15th day of No- 
vember next succeeding the granting of the same, 
unless sooner revoked as hereinafter provided, and 
each person to whom such license shall be granted 
shall, for each license, pay to said commissioners the 
sum of five dollars for the use of the state. Said 
commissioners, in their annual report to the gen- 
eral assembly, shall state the number of licenses 
granted, with the names of the persons licensed and 
the amount of money received therefor. Said com- 
missioners shall issue to each person licensed as 
aforesaid a certificate stating the name of the per- 
son to whom such license has been granted and the 
date of expiration of such license, and shall also issue 
to each person so licensed a metal badge in such 
form and bearing such inscription as said commis- 
sioners shall determine. If any person to whom 
such license shall be granted shall be incapacitated 
for any reason from using said license, said person 
may permit his agent or employee, if a citizen of 
the United States, to perform such duties under the 
license, as may be necessary during the period of 
his incapacity: Provided, that said agent or em- 
ployee shall when performing said duties be re- 
quired to wear the license badge of the holder of 
said license. If any person licensed as aforesaid 
shall, at any time, be adjudged guilty of any 
violation of any of the provisions of this act, 



FISHERIES LAWS. 29 

after full hearing by said commissioners, or a ma- 
jority of them the said commissioners, or a majority 
of them, shall revoke the license issued to such per- 
son, and such person shall thereupon cease to have 
any authority thereunder. 

Sec. 3. Each person, licensed under the pro- 
visions of this act, shall, at all times, while engaged 
in the pursuit so licensed, wear upon his person the 
badge issued to him as provided in the preceding 
section, and shall, upon demand of any of said com- 
missioners or any or their deputies, exhibit said 
badge and the certificate issued to him as provided 
in the preceding section. Every person violating 
any of the provisions of this section shall, for each 
offence, be fined five dollars. 

Sec. 4. No negative allegations of any kind 
need be averred or proved in any prosecution 
brought under this act, but the respondent in any 
such action may show his license by way of defence. 

Sec. 5. No person shall catch or take from 
any of the waters within the jurisdiction of this 
state, or have in his possession within this state 
any lobster, cooked or uncooked, which is less than 
four and one-eight inches in length, measured from 
the forward end of the bone projecting from the 
head to the rear end of the body shell. No person 
shall have in his possession within this state any 
female lobster bearing eggs, or from which the eggs 
have been brushed or removed. (For exceptions See 
Pub. Laws, Chap. 595, page 33.) Every person 
violating any of the provisions of this section shall 
be fined five dollars for each such lobster; except 
that any person licensed under this act catching 
and taking any such lobster and immediately re- 



30 FISHER [ES LAWS. 

turning the same alive to the water from which it 
was taken shall not be subject to such fine. The 
possession of any such lobster, cooked or uncooked, 
shall be -prima facie evidence that the same was 
caught and taken in violation of this section. 

Sec. 6. (As amended, Chap. 712, P. L. 1911.) 
Each and every " lobster pot," so-called, set, kept or 
maintained, or caused to be set, kept or maintained 
in any of the waters in the jurisdiction of this state, 
by any person licensed under this act, shall be 
separately and plainly buoyed; except that in cases 
where natural conditions render it impracticable 
to separately buoy each pot the said commissioners, 
or a majority of them, may. upon application from 
any person licensed under this act grant permission 
to otherwise buoy such pots, and each and every 
permit so granted shall set forth the name of the 
person to whom the same is granted, the number 
of pots to be buoyed in a special manner, the manner 
of buoying the same, the place or places where the 
same are to be located, and the period of time dur- 
ing which such permit shall extend. Every person 
violating any of the provisions of this section shall 
be fined- twenty dollars, or be imprisoned not more 
than thirty days for each offence, or both. 

Sec. 7. No person licensed under this act shall 
use any pots for catching, or cars or other contriv- 
ance for keeping lobsters, unless the same and the 
buoys attached thereto are plainly marked with 
the name or names of the owners thereof, or the per- 
son or persons using the same, and the license num- 
ber or numbers of such person or persons. Every 
person violating the provisions of this section shall 
be fined twenty dollars or be imprisoned not more 



FISHERIES LAWS. 31 

than thirty days, or both, for each such offence, 
and all pots, cars, and other contrivance used con- 
trary to the provisions of this and other sections of 
this act shall be seized by any officer engaged in the 
enforcement of this act, and said property shall 
be forfeited. 

Sec. 8. Between the fifteenth day of November 
in each year and the fifteenth day of April next 
succeeding, no person shall catch or take any lobster 
from any of the waters in the jurisdiction of this 
state, or place, set, keep, maintain, supervise, lift, 
raise, or draw, or cause to be placed, set, kept, 
maintained, supervised, lifted, raised, or drawn, in 
or from any of said waters, any pots or other con- 
trivances designed or adapted for the catching or 
taking of lobsters. Every person violating any 
of the provisions of this section shall be fined 
twenty dollars or be imprisoned not more than 
thirty days for each such offence, or both. 

Sec. 9. No person except the commissioners 
of inland fisheries * and their deputies shall lift or 
raise any pot, belonging to any person licensed under 
this act, set for the catching or taking of lobsters, 
except with the permission of the owner or owners 
thereof and licensed so to do under this act. Every 
person violating any of the provisions of this section 
shall be fined ten dollars for each such offence (For 
exceptions see Sec. 2, page 28.) 

Sec. 10. No person shall mutilate any un- 
cooked lobster by severing its tail from its body, 
or haveln his possession any part or parts of any 
uncooked lobster so mutilated. Every person vio- 
lating any of the provisions of this section shall be 
fined five dollars for each such offence, and in any 



32 FISHERIES LAWS. 

and all prosecutions under this section the posses- 
sion of any part or parts of any uncooked lobster, 
so mutilated, shall be prima facie evidence sufficient 
to convict. 

Sec. 11. The commissioners of inland fisher- 
ies shall appoint at least two deputies, whose duties 
shall be the enforcing of the provisions of this act. 
Each of said deputies appointed as aforesaid shall 
be, by virtue of his office, a special constable, and 
as such deputy may, without warrant, arrest any 
person found violating any of the provisions of this 
act, and detain such person for prosecution not ex- 
ceeding twenty-four hours. . Said deputies shall not 
be required to enter into recognizance or become 
liable for costs. 

Sec. 12. For the purpose of enforcing the 
provisions relative to the protection of lobsters, 
the commissioners of inland fisheries and their 
appointed deputies may search in suspected places, 
or upon any boat or vessel that they may believe 
is used in the catching or transporting of lobsters, 
and may seize and remove lobsters taken, held, or 
offered for sale in violation of the provisions of this 
act. 

Sec. 13. Fines incurred under any of the pro- 
visions of this act shall enure one-half thereof to 
the use of the complainant and one-half thereof 
to the use of the state. 

Sec. 14. The several district courts shall have 
concurrent jurisdiction with the superior court 
over all offences under this act, and to the full 
extent of the penalties therein specified; parties 
defendant, however, having the same right to appeal 



FISHERIES LAWS. 33 

from the sentences of said district courts as is now 
provided by law in other criminal cases. 

Sec. 15. Chapter 969 of the Public Laws, 
passed at the January session, A. D. 1902, entitled 
"An act in substitution of Chapter 857 of the Public 
Laws, passed at the January session, A. D. 1901, 
entitled 'An act for the better protection of the 
lobster fisheries,'" and all acts and parts of acts 
inconsistent herewith are hereby repealed. 

Sec. 16. This act shall take effect upon and 
after the first day of January, A. D. 1910. 



CHAPTER 595. 

Public Laws, 1910. 

An Act to Protect the Lobster Fisheries. 

Section 1. The commissioners of inland fish- 
eries shall, during the time for which a license is 
granted to catch and take lobsters from the waters 
of this state, as provided in Chapter 437 of the 
Public Laws, have some person representing such 
commissioners stationed at Wickford, in the town 
of North Kingstown, at Newport, at New Shore- 
ham, at Seaconnet Point, in the town of Little 
Compton, authorized to take any female egg lobster 
that may be taken from the waters of this state by 
any person holding a license to catch and take 
lobsters therefrom. Such lobsters shall be by 
the person representing the commissioners taken 
to the state lobster hatchery at Wickford, and the 
persons from whom they shall have been taken 
shall be allowed therefor, and paid by the com- 
missioners, out of any moneys appropriated for 
the use of the commissioners of inland fisheries, the 



34 FISHERIES LAWS. 

market value at the time of taking the same. The 
lobsters so taken may be by the commissioners 
held at the hatchery, or otherwise disposed of as 
they may deem best. 

Sec 2. The young lobsters hatched from the 
eggs, taken as aforesaid, shall be distributed in 
the waters or tributaries suitable therefor, near 
or adjacent to the places from which such egg 
lobsters are taken, in proportion, as near as may 
be, to the number of egg lobsters so taken. 

Sec. 3. All acts and parts of acts inconsistent 
herewith are hereby repealed, and this act shall 
take effect from and after its passage. 



CHAPTER 2080. 

Public Laws, 1921 (as amended 1922) . 



Registration of Fresh Water Fishermen. 
Section 1. (As amended, Chap. 2206, P. L. 
1922.) No male person above the age of eighteen 
years shall catch or take any fish in any stream or 
fresh water pond within this state, or place, 
operate or superintend any device for the purpose 
of taking or catching fish in any of said waters, 
without having first obtained a license as hereinafter 
set forth: Provided, however, that a license shall 
not be required of any citizen of this state or mem- 
bers of his immediate family to fish in any brook 
or pond running through or bordering upon land 
owned or leased by him and on which he is actually 
domiciled; and provided further , that nothing in this 
act shall be construed as affecting in any way the 
provisions of the laws relating to trespass, nor as 



FISHERIES LAWS. 35 

authorizing the placing, operating or superintending 
of any device for the purpose of taking or catching 
fish contrary to any laws now in force or which 
may be hereafter enacted, nor shall the possession 
of such license grant or confer any privilege not 
enjoyed prior to the passage of this act; and provided, 
further, that the provisions of this act shall not 
apply to fishing in any stream or fresh water pond 
in Block Island. 

Sec. 2. The clerk of any city or town shall, 
upon the application of any person entitled to 
receive a license under this act, and upon payment 
of the license fee hereinafter specified, register such 
person and issue to him a license certificate in the 
form prescribed and upon a blank to be furnished 
by the commissioners of inland fisheries which cer- 
tificate shall bear the name, age, occupation, place 
of residence, signature and identifying description of 
the registrant, and shall authorize him to fish, 
subject to such conditions as are provided by law. 
The certificate shall be valid only until January 
first next following the date of issue, and shall not 
be transferable and shall be produced for examina- 
tion upon the demand of any person. 

Sec. 3. (As amended, Chap. 2206, P. L. 1922.) 
Every person required to be licensed under the 
provisions of Section 1 of this act shall pay to the 
clerk of the city or town from which he procures 
his license, a fee according as he comes within one 
of the following classes : 

1. Every citizen of the United States who 
has been a resident of this state for six 
months prior to the date of his application 



36 FISHERIES LAWS. 

for license hereunder shall pay for such 
license a fee of twenty-five cents. 

2. Every citizen of the United States not a 
resident of this state, or not having resided 
therein for a period of six months preceding 
his application for license hereunder, shall 
pay for said license a fee of one dollar and 
fifteen cents, provided that a resident of any 
other state having a non-resident fee for 
fishing greater than one dollar and fifteen 
cents shall pay the same fee that is charged 
non-residents in his own state. 

3. Every person who is not a citizen of the 
United States shall pay for said license a fee 
of two dollars and fifteen cents. 

Sec. 4. Out of the fees paid under the pro- 
visions of this act, the sum of fifteen cents shall be 
retained by the clerk of the city or town in which 
the license is recorded. 

Sec. 5. Whoever loses, or by mistake or accident 
destroys his certificate of registration may, upon 
application to the commissioners of inland fisheries 
accompanied by an affidavit fully setting forth the 
circumstances of the loss, receive without charge a 
duplicate certificate for the remainder of the year 
covered by the original certificate. 

Sec. 6. Every city or town clerk shall record all 
licenses hereunder in books kept for that purpose one 
coupon of which shall be retained as his record. The 
said books shall be supplied by the commissioners 
of inland fisheries, shall remain the property of the 
state, shall be open to public inspection during the 
usual office hours of the clerk, and shall be subject 



FISHERIES LAWS. 37 

at all times to audit and inspection by the com- 
missioners, by the state auditor, or by their agents; 
and every such clerk shall, on the first Monday of 
every month, pay to the commissioners of inland 
fisheries all moneys received by him for the said 
registrations issued during the month preceding, 
except the recording fee, together with a receipted 
bill for fees retained in accordance with section 4 
and shall, within thirty daj^s succeeding January 
first of each year, return to the commissioners all 
registration books used during the year preceding, 
including all stubs and unused and void certificates. 
The commissioners of inland fisheries shall pay to 
general treasurer all money received by them for 
the said registrations issued during the previous 
month, and shall furnish him with a list of the num- 
ber and kind of registrations recorded by each city 
and town clerk during the said month. 

Sec. 7. (As amended, Chap. 2206, P. L. 1922.) 
Any person who wilfully makes a false representa- 
tion as to birthplace or requirements of identifica- 
tion, or of other facts, or otherwise violates any 
provision of this act, or is in any way wise directly 
or indirectly a party to such violation, shall be 
punished by a fine of not more than twenty dollars. 
The license of any person who shall be convicted of 
a violation of any of the laws relating to the fisher- 
ies of the state or of any provision of this act shall 
be void, and his license certificate shall be immedi- 
ately surrendered to the clerk of the court in which 
conviction was entered and said clerk shall forth- 
with forward the same to the commissioners of 
inland fisheries who shall cancel the same and 



38 FISHERIES LAWS. 

notify the clerk in whose city or town the certificate 
was recorded, of its cancellation: Provided, however ^ 
that the license of any citizen of the state shall not 
be void because of failure to have license certificate 
upon his person while fishing. No fee received for 
a certificate cancelled under the provisions of this 
section shall be returned. 

Sec. 8. The commissioners of inland fisheries 
shall have jurisdiction over all matters contained in 
this act and shall make all needful regulations for 
the purpose of enforcing the provisions thereof. 

Sec. 9. This act shall take effect July 1st, 1921, 
and all acts and parts of acts inconsistent herewith 
are hereby repealed. 



FISHERIES LAWS. 



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